The Chilling Economic Effect of Litigation

Subject: The Chilling Economic Effect of Litigation Thu Jan 16, 2014 11:10 pm

Wendy McElroy writes: McDonald's is being sued again by a California woman who claims she was scalded by their hot coffee. In 1990, a New Mexico woman was awarded $2.9 million in a hot-coffee lawsuit against McDonald's; the award was later reduced to about $500,000. Meanwhile, a continent away, a New Jersey woman is suing a real estate developer for not disclosing the presence of a 'bad' neighbor when she purchased a house.

In any other place, these cases might seem odd. But America is the world's most litigious nation by far. The legal site eLocal Lawyer states that 15 million civil suits are filed every year; approximately 55% are decided in favor of the plaintiff. Those statistics do not count the many disputes that are settled before a filing occurs or criminal cases. According to the American Bar Association, there were 1,244,120 attorneys who were actively practicing in 2012; the American population is approximately 313 million.

And, yet, the average American cannot afford to sustain a legal process because of the high cost of a lawyer. Fortunately, at least for lawyers, there are work-arounds on the road to getting paid. In liability cases with some likelihood of success, for example, law firms often take the case 'on spec.' This means they do not charge the client but instead participate richly in any court awards. In other words, the case presents the plaintiff party with no risk and with a high chance of a cash.

America's runaway litigation threatens both individual freedom and the harmony of society. The most consistent risk factor for being sued is wealth. The more assets an entity or person has, the greater the chance of being sued. Lawsuits are yet another way in which America expresses open hostility toward success.

More: http://www.marketoracle.co.uk/Article43994.html
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Anarcho-Capitalist, AnCaps Forum, Ancapolis, OZschwitz Contraband
“The state calls its own violence law, but that of the individual, crime.”-- Max Stirner
"Remember: Evil exists because good men don't kill the government officials committing it." -- Kurt Hofmann

The Chilling Economic Effect of Litigation

The Chilling Economic Effect of Litigation

Anarcho-Capitalist Categorical Imperatives

Via AnCaps: Law & Enforced Unnatural Order